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Mr. Downs, the plaintiff, appealed a workers' compensation judgment concerning the computation of his disability compensation. He sustained extensive injuries to his left wrist and elbow after falling thirty feet from a bucket while clearing power lines for his employer, Spiceland Tree Surgery Co. Despite undergoing multiple surgeries and physical therapy, Dr. David Gaw, an orthopedic surgeon, assessed a 20% impairment of his left upper extremity. The trial court initially set his disability rating at 25%, but the appellate court found this insufficient. The court considered various pertinent factors beyond anatomical disability, including job skills, education, and job opportunities, and ultimately concluded that Mr. Downs' vocational disability for his arm should be set at 50%. The case was remanded with instructions to re-award permanent partial disability, recalculate temporary partial disability payments, and order the defendant to pay additional medical expenses.
Downs v. CNA Insurance Co. is a workers' compensation case decided in Tennessee Supreme Court. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Tennessee Supreme Court.
Full Decision Text1 Pages
Mr. Downs, the plaintiff, appealed a workers' compensation judgment concerning the computation of his disability compensation. He sustained extensive injuries to his left wrist and elbow after falling thirty feet from a bucket while clearing power lines for his employer, Spiceland Tree Surgery Co. Despite undergoing multiple surgeries and physical therapy, Dr. David Gaw, an orthopedic surgeon, assessed a 20% impairment of his left upper extremity. The trial court initially set his disability rating at 25%, but the appellate court found this insufficient. The court considered various pertinent factors beyond anatomical disability, including job skills, education, and job opportunities, and ultimately concluded that Mr. Downs' vocational disability for his arm should be set at 50%. The case was remanded with instructions to re-award permanent partial disability, recalculate temporary partial disability payments, and order the defendant to pay additional medical expenses.
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